DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/27/2026 has been entered.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5, 7-10, 13, 15-17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shea US 2019/0081469 (hereinafter Shea).
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Re. Cl. 1, Shea discloses: A wire management clip (Fig. 1) comprising: a retention body (14, Fig. 1); a friction channel (30, Fig. 1) formed on an outer surface of the retention body as a flange (80, 84, Fig. 1) extending from the retention body, the friction channel extending in a width direction of the wire management clip (see Fig. 2; width direction being left-to-right direction as shown in Fig. 2); a void (22, Fig. 1) extending through the retention body in the width direction (see Fig. 1-2, 22 extends through 14 in a left-to-right direction to create space for an object to be put into 22), the void having a larger opening than an opening of the friction channel (see 74, being larger than a gap between 84 and 60); and a mounting channel (34, Fig. 1) formed on the retention body (see Fig. 1-2), wherein an opening of the mounting channel is orientated perpendicular to the opening of the friction channel (see Fig. 2-3, in relation to figure 2, the opening to 34 extends into the page whereas the opening in 30 extends in a left-to-right direction, perpendicular to how 34 opens).
Re. Cl. 2, Shea discloses: the retention body includes: a c-shaped body (see Fig. 2, the left half of 14 creates a C-shape due to the opening 74 and portions 70) having the opening of the void (see 74, Fig. 2), which is configured to retain a cable (see Fig. 2, within 70 and shown in Fig. 5); a first terminus of the c-shaped body; and a second terminus of the c-shaped body (see annotated figure 2).
Re. Cl. 3, Shea discloses: the c-shaped body includes a spring bias creating a static state between the first terminus and the second terminus and restricts movement of the first terminus and the second terminus relative to one another (Paragraph 0020).
Re. Cl. 5, Shea discloses: the friction channel includes a u-shaped body (see 30, Fig. 2) defined, at least in part, by: the flange (84, Fig. 2) as a first leg extending from the retention body (see Fig. 2, via 80); a second leg formed by the retention body (see Fig. 2, created by 60); and the opening of the friction channel (see Fig. 2, oriented to the left as shown in Fig. 2), which is configured to secure a cable between the first leg and the second leg (see Fig. 2, in the same manner as 12a).
Re. Cl. 7, Shea discloses: the mounting channel includes: a first side (94, Fig. 3) extending from the retention body (via 90, Fig. 3); and a second side formed by the retention body (see 64, Fig. 3) such that a space exists between the first side and the second side (see Fig. 3, where 12b is located).
Re. Cl. 8, Shea discloses: the mounting channel further includes a friction retention protrusion (98, Fig. 3) extending into the space between the first side and the second side (see Fig. 3).
Re. Cl. 9, Shea discloses: the friction retention protrusion extends angularly away from a surface of the second side of the mounting channel (see Fig. 3, 98 extends at a perpendicular angle from 64 towards the interior of 34).
Re. Cl. 10, Shea discloses: the friction retention protrusion includes a tooth angled with respect to the first side or the second side (see Fig. 3, 98 forms a tooth which is perpendicular to 64).
Re. Cl. 13, Shea discloses: the tooth is one of a plurality of teeth (see Fig. 3, plurality of 98s).
Re. Cl. 15, Shea discloses: the tooth is angled within the mounting channel in a direction to towards an interior of the mounting channel such that the wire management clip resists removal from the flange (see Fig. 3, the tooth 98 is angled perpendicularly from 64 towards an interior of 34 and thus would resist removal of 12b).
Re. Cl. 16, Shea discloses: A wire management clip (Fig. 1) comprising: a retention body (14, Fig. 1) having a c-shaped body (see Fig. 2, the left half of 14 creates a C-shape due to the opening 74 and portions 70) with a gap between terminal ends of the c-shaped body (see 74, Fig. 2); a friction channel (30, Fig. 2) formed on an outer surface of the retention body as a flange (see Fig. 2, 84) extending from the retention body (see Fig. 2, via 80), the friction channel extending in a width direction of the wire management clip (see Fig. 2, width direction being a left-to-right direction as shown); a void (22, Fig. 1) extending through the c-shaped body in the width direction (see Fig. 2, 22 extends into 14 in a left to right direction), the void having a larger opening than an opening of the friction channel (see Fig. 2, 74 is larger than the opening between 84 and 60); and a mounting channel (34, Fig. 1-2) formed on the retention body (see Fig. 1-2), the mounting channel including a friction retention protrusion (98, Fig. 3) extending inwardly within the mounting channel (see Fig. 3), wherein an opening of the mounting channel is orientated perpendicular to the opening of the friction channel (see Fig. 2-3, in relation to figure 2, the opening to 34 extends into the page whereas the opening in 30 extends in a left-to-right direction, perpendicular to how 34 opens).
Re. Cl. 17, Shea discloses: the terminal ends of the c-shaped body include: a first terminus, and a second terminus ending adjacent to the first terminus (see annotated figure 2), wherein a spring biasing force biases the first terminus toward the second terminus (Paragraph 0020).
Re. Cl. 19, Shea discloses: the friction retention protrusion is angled within the mounting channel in a direction towards an interior of the mounting channel such that the wire management clip resists removal after being mounted for use (see Fig. 3, 98 is angled perpendicular from 64 towards an interior of 34 and thus would make removal of 12b more difficult than if 64 were smooth).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Shea in view of Grushkowitz US 2012/0192925 (hereinafter Grushkowitz).
Re. Cl. 4, Shea does not disclose the friction channel is one of a plurality of friction channels formed on an extending form the retention body. Grushkowitz discloses a wire management clip (Fig. 1) which includes a retention body (102) and friction channels (144 and 154) formed on an outer surface of the retention body as flanges (140 and 150) extending from the retention body and extending in a width direction of the clip (see Fig.2, left-to-right direction); wherein there is a plurality of friction channels formed on and extending from the retention body (see 144 and 154, Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Shea device to have its friction channel duplicated as disclosed by Grushkowitz with reasonable expectation of success to enable the device to attach to a support structure on both sides of the clip. Such a modification would increase the usability of device by having multiple support channels in different orientations.
Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Shea in view of Samolej US 2011/0011989 (hereinafter Samolej).
Re. Cl. 20, Shea discloses the friction channel (30, Fig. 1-2) includes a u-shaped body (see Fig. 1-2) including: a first leg extending from the retention body (80, 84, Fig. 2); a second leg formed by the retention body (see Fig. 2, opposing side of 30 formed by portion 50 of the retention body where 88 extend from); and an opening (see Fig. 2, where 12a is passed through) configured to secure the cable (see Fig. 2, due to the spacing between 84 and 88, the opening is configured to secure a cable therein that is small enough to pass between 84 and 88 (i.e. a flat or small diameter cable)). Re. Cls. 6 and 20, Shea does not disclose a release tab extending from the first leg. Samolej discloses a wire management clip (100) which includes a friction channel (104, Fig. 1) which includes a first leg (126a) opposed to a second leg (126b) wherein a release tab extends from the first leg (see 140a, Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first leg of Shea to include the release tab of Samolej with reasonable expectation of success since Samolej states that such a modification facilitates guiding the friction channel into proper alignment with the rail in which it is attached (Paragraph 0024, Lines 7-10).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Shea in view of Thompson US 2022/0263301 (hereinafter Thompson).
Re. Cls. 11-12, Shea does not disclose the tooth includes a rubber material (Cl. 11), or the rubber material is co-extruded with a material of the wire management clip (Cl. 12). Thompson discloses a wire management clip (500) which includes a friction retention device (510, Fig. 5) which is a tooth (see 510, Fig. 5) that includes a rubber material (Paragraph 0106, Lines 1-4) and the rubber material is co-extruded with a material of the wire management clip (see Fig. 5, shown as fixedly connected with 505a and Thompson discusses the device as being extruded in Paragraph 0091; Re. the limitation “co-extruded;” In accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation does not patentably distinguish over the prior art. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e the wire management clip with the friction retention device, does not depend on its method of production, i.e. co-extrusion. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teeth of Shea to be rubber as disclosed by Thompson with reasonable expectation of success since Thompson states that such a modification provides a suitable material to assist gripping to a surface and prevent slipping from the surface (Paragraph 0106, Lines 1-2 and 5-7).
Claims 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Shea in view of Miraboutalebi US 2023/0042349 (hereinafter Miraboutalebi).
Re. Cls. 14 and 18, Shea does not disclose the plurality of teeth includes: a first tooth extending from the first leg; and a second tooth extending from the second leg (Cl. 14) or the friction retention device is co-extruded with the wire management clip, the friction retention device being made of first material and the wire management clip being made of a second material different from the first material (Cl. 18). Miraboutalebi discloses a mounting channel (4, Fig. 1) in a wire management clip (1) that includes a friction retention device (8a-c and 8’a-c, Fig. 1) which includes a plurality of teeth (see 8a-c and 8’a-c, Fig. 1) which includes: a first tooth (see one of 8a-c, Fig. 1) extending from the first leg (5, Fig. 1); and a second tooth (one of 8’a-c, Fig. 1) extending from the second leg (5’, Fig. 1); the friction retention device is co-extruded with the wire management clip (see Fig. 1, the SC is shown as fixedly connected with the HC and the rest of 4; Re. the limitation “co-extruded;” In accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation does not patentably distinguish over the prior art. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e the wire management clip with the friction retention device, does not depend on its method of production, i.e. co-extrusion. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985)), the friction retention device being made of first material (see SC, Fig. 1) and the wire management clip being made of a second material different from the first material (HC, Fig. 1; Paragraph 0006).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the teeth of Shea with the teeth of Miraboutalebi with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve a predictable result (i.e. replacing one form of teeth with another to frictionally hold a flange in the channel). KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR). Furthermore, Miraboutalebi states that their teeth maximizes the friction force and will not be deformed in an undefined way resulting in the reliability of the attachment to be increased (Paragraph 0013, Lines 15-20). Such a substitution would therefore provide an increased gripping which would be desirable in particular applications in the Examiner’s position.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kuhm US 2015/0014489, Grushkowitz US 2012/0192925 and Jasmin US 11949373 disclose other known wire management clips which are presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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